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502 So. 2d 1367

502 So.2d 1367

12 Fla.L.Weekly 645

Brewer v. State

District Court of Appeal of Florida

Decided February 27, 1987

District Court of Appeal of Florida · decided 1987-02-27

Cited by 3 later decisions — most recently October 2014

3 state decisions

Relies on 444 So. 2d 947 - Jenkins v. State · 498 So. 2d 863 - Whitehead v. State · 502 So. 2d 57 - Donahue v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-02-27

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LEHAN, Judge.

¶1The defendant appeals his having been sentenced as an habitual offender and the imposition of court costs. We reverse.

¶2Defendant was convicted of grand theft and burglary of a dwelling. The guidelines recommended sentence was nine to twelve years imprisonment, but the trial court found defendant to be an habitual offender and imposed concurrent twenty year terms, plus court costs of $200.

¶3Habitual offender status is no longer a valid reason for departing from the sentencing guidelines. See Whitehead v. State, 498 So.2d 863 (Fla.1986). On remand the court should sentence defendant pursuant to the guidelines. The court may again depart from the guidelines if valid reasons are given. Donahue v. State, 502 So.2d 57 (Fla. 2d DCA 1987).

¶4Defendant had been found to be indigent and was entitled to notice and an opportunity to be heard before the imposition of court costs. See Jenkins v. State, 444 So.2d 947 (Fla.1984).

¶5Defendant’s sentence is reversed and the cause is remanded for resentencing consistent with this opinion.

RYDER, A.C.J., and CAMPBELL, J., concur.
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